Recruiting and Legal Issues
How will you find those ideal candidates to fill your internship position(s)? The number one tip from those who have established programs is to start recruiting early! Students begin making commitments to course schedules and part-time jobs as much as two to three months prior to the next semester.
Begin searching three to four months before you need a student to begin. The longer the application period, the greater the number of applications. You increase your chance of finding the best person for the internship.
When you are recruiting interns, develop a working relationship with the Career Development Center, attend internship and job fairs, place ads in college/university newspapers and websites, and share information with student organizations.
Do You Have to Pay Interns?
In January 2018, the United States Department of Labor adopted the Primary Beneficiary Test. Under the Fair Labor Standards Act (FLSA), "for-profit" employers are required to pay their employees for their work. Interns and students, however, may not be "employees" under the FLSA.
This fact sheet provides general information to help determine whether interns must be paid minimum wage and overtime under the Fair Labor Standards Act for the services they provide to "for-profit" employers.
*Should you have further questions concerning the legality of your unpaid internship positions, it is encouraged that you consult with legal counsel to ensure compliance with all applicable federal, state and local laws.
**IU Southeast reserves the right to not post internships which appear to not meet these criteria.
Workers' and Unemployment Compensation
Workers’ compensation boards have found that interns contribute enough to a company to make them employees. It is wise to cover interns under your workers’ compensation policy even though you aren’t required to do so. Student interns are not generally eligible for unemployment compensation at the end of the internship.